Friday, October 31, 2014


THE COB NOTICE ON LINCOLN PARK VIOLATES OPEN MEETINGS ACT

ITEMS:

8. Consideration and ACTION on Resolution Number 2014-064 concerning the negotiation,
transfer, and conveyance of Lincoln Park to the University of Texas System, and authorizing
City of Brownsville staff to undertake such matter. (Charlie Cabler—City Manager)

Where in this notice does it inform the people that the COB does not intend this to be a sale.  Such as in their 30 day notice for public hearing, the city failed to notify the people if the conveyance is a gift or sale.  The Texas Open Meetings Act requires full disclosure.

Section 551.073 of the Texas Open Meetings Act makes clear there is a recognition as to notice when dealing with a gift to a state agency.  This is important because it avoids any argument by the city that it does not have to say if it is a sale or gift.  Remember a sale of Lincoln Park requires a public vote of approval.

Tony Martinez and Mark Sossi thought they would play hide the elephant failing to realize you cannot hide an elephant.  They intentionally used the term conveyance to be vague - the problem is the Texas Open Meetings Act does not allow for vague.

THE VIOLATION

As a citizen when you read the above notice for Tuesday's meeting where does it tell you as a citizen that the COB does not consider this a sale or intend to sell the land.  Is not knowledge of this important to your decision to either support or oppose the measure?  Well of course it is.

This is exactly how I was able to get the city to take the City Plaza deal off the agenda.  A letter will go out Monday morning to general counsel for the UT Board of Regents that once again they are in conspiracy with Tony Martinez to circumvent the Texas Open Meetings Act.

From the Texas Supreme Court:

""However, less than full disclosure is not substantial compliance. [my note - does not fill disclose tell us this is not intended as a sale] Our prior judgments should have served as notice to all public bodies that the Open Meetings Act requires a full disclosure of the subject matter of the meetings. [my note - the word conveyance informs us nothing of their intent to claim this as a gift for less than the true value of the land] The Act is intended to safeguard the public's interest in knowing the workings of its governmental bodies. A public body's willingness to comply with the Open Meetings Act should be such that the citizens of Texas will not be compelled to resort to the courts to assure that a public body has complied with its statutory duty."

Cox Enterprises v. Board of Trustees Austin ISD, 706 S.W.2d 956 (1986)



Open Records Manual

 

1 comment:

Anonymous said...

Gowen and Portillo presenting those "Playful City USA" and "Community Voice Campaign" proclamations listed should not be awkward...at...all.